Digital Commons Network^™

Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall

Vanderbilt Law School Faculty Publications

Advocates seeking indigent defense reform have often relied on civil litigation to prospectively enforce the Sixth Amendment right to counsel and to attack structural deficiencies of indigent defense systems-such as under- funding-that are likely to lead to system-wide ineffective assistance. Although the United States Supreme Court has addressed myriad aspects of postconviction ineffective assistance of counsel claims made in the criminal context, particularly in the last decade or so,' many of these cases have had little direct bearing on the way in which advocates have attempted to enforce the Sixth Amendment in the civil context. The Supreme Court has never …

Can The States Keep Secrets From The Federal Government?, Robert A. Mikos

Vanderbilt Law School Faculty Publications

States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly, the federal government is keenly interested in this information. It has ordered reluctant state officials to turn over their confidential files concerning medical marijuana, juvenile criminal history, immigration status, tax payments, and employment discrimination, among many other matters, to help enforce federal laws against private citizens. Many states have objected to these demands, citing opposition to federal policies and concerns about the costs of breaching confidences, but the lower courts have uniformly upheld the federal government’s power to commandeer information …

Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume

Cornell Law Faculty Publications

No abstract provided.

Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe

BYU Law Review

This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has …

The Cultural Analysis Paradigm: Women And Synagogue Ritual As A Case Study, Roberta Rosenthal Kwall

Cardozo Law Review

This Article develops an original cultural analysis paradigm with significant implications for understanding the relationship between law and culture. It also illustrates how this relationship should inform the normative application of areas of law in which tensions exist between modern sensibilities and traditional practices steeped in cultural perspectives from other times. Indeed, the negotiation between preservation and change confronts all ancient cultural traditions in modernity. The specific application invoked in this Article concerns the issue of women being called to read publicly from the Torah, a subject of serious academic debate among observant Jews. The analysis demonstrates that the virtually …

December 2012 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.

Journal Of Sociology & Social Welfare Vol. 39, No. 4 (December 2012)

The Journal of Sociology & Social Welfare

TABLE OF CONTENTS

• DATING VIOLENCE POLICY: MAKING THE GRADE - Richard Hoefer, Beverly Black, and Mashooq Salehin
• EXPLICATING THE SOCIAL MECHANISMS LINKING ALCOHOL USE BEHAVIORS AND ECOLOGY TO CHILD MALTREATMENT - Bridget Freisthler and Megan R. Holmes PRIVATE PENSION PROTECTIONS SINCE ERISA: THE EXPANDED ROLE OF THE INDIVIDUAL - Karen A. Zurlo
• RECONCILIATION IN A COMMUNITY-BASED RESTORATIVE JUSTICE INTERVENTION - David K. Androff
• "WHERE ARE MY RIGHTS?" COMPROMISED CITIZENSHIP IN MIXED-STATUS MARRIAGE: A RESEARCH NOTE - April M. Schueths
• FEAR VS. FACTS: EXAMINING THE ECONOMIC IMPACT OF UNDOCUMENTED IMMIGRANTS IN THE U.S. - David Becerra, David K. Androff, Cecilia Ayón, …

Reconciliation In A Community-Based Restorative Justice Intervention, David K. Androff

The Journal of Sociology & Social Welfare

Truth and Reconciliation Commissions (TRCs) are among the primary means for promoting reconciliation in communities recovering from violent conflict. However, there is a lack of consensus about what reconciliation means or how it is best achieved. In a qualitative study of the first TRC in the U.S., this research interviewed victims of racial violence who participated in the Greensboro Truth and Reconciliation Commission (GTRC), a community-based restorative justice intervention. Findings reveal that participants conceptualized reconciliation as a multileveled process, that different concepts of reconciliation influenced assessments of the success and limitations of the GTRC, and indicate how community-based restorative interventions …

Fear Vs. Facts: Examining The Economic Impact Of Undocumented Immigrants In The U.S., David Becerra, David K. Androff, Cecilia Ayón, Jason T. Castillo

The Journal of Sociology & Social Welfare

Undocumented immigration has become a contentious issue in the U.S. over the past decade. Opponents of undocumented immigration have argued that undocumented immigrants are a social and financial burden to the U.S. which has led to the passage of drastic and costly policies. This paper examined existing state and national data and found that undocumented immigrants do contribute to the economies of federal, state, and local governments through taxes and can stimulate job growth, but the cost of providing law enforcement, health care, and education impacts federal, state, and local governments differently. At the federal level, undocumented immigrants tend to …

Perceived Neighborhood Safety And Psychological Distress: Exploring Protective Factors, Jaime Booth, Stephanie L. Ayers, Flavio F. Marsiglia

The Journal of Sociology & Social Welfare

While a growing body of literature has established a relationship between "disordered" neighborhoods and psychological distress, less is known about the specific mechanisms at work. Using data collected in the 2008 Arizona Health Survey (N = 4,196), hierarchal linear regression was conducted to assess both the independent effect of perception of neighborhood safety on psychological distress, as well as the mediating effects of powerlessness, social isolation and mistrust. The findings suggest that the more safe individuals feel in their neighborhood, the less psychological distress they experience (b = 1.07, SE = .17, p < .001). This relationship appears to be partially mediated by feelings of powerlessness, social isolation and mistrust, indicating potential risk and protective factors.

Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley

Faculty and Staff Scholarship

The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.

Toward A Functional Approach To Sovereign Equality, Peter B. Rutledge

Scholarly Works

Under the principle of sovereign equality of nations, nation states are entitled to equal dignity (evidenced by conventions like their voting rights in the United Nations), have the identical capacity to contract (evidenced by their ability to enter into treaties), and are not subject to a superior sovereign (evidenced by the lack of a global leviathan). This principle also has had an important effect in the field of international civil litigation, in areas such as judicial jurisdiction or sovereign immunity. As that principle has weakened over the twentieth century, risks of aggravation to comity have risen, resulting in the development …

Perfecting Criminal Markets, David Jaros

All Faculty Scholarship

From illicit drugs to human smuggling to prostitution, legislators may actually be perfecting the very criminal markets they seek to destroy. Criminal laws often create new dangers and new criminal opportunities. Criminalizing drugs creates the opportunity to sell fake drugs. Raising the penalties for illegal immigration increases the risk that smugglers will rely on dangerous methods that can injure or kill their human cargo. Banning prostitution increases the underground spread of sexually transmitted disease. Lawmakers traditionally respond to these “second order” problems in predictable fashion — with a new wave of criminalization that imposes additional penalties on fake drug dealers, …

Cross Practitioner Inter-Rater Variability: Grading Of Adverse Skin Reactions After Radiation Therapy, Carleen A. Evans

Education Doctoral

This study estimated the inter-rater variability for adverse event grades for skin reactions related to radiation therapy among nurses and physicians. Currently, there appears to be a gap in literature on the reliability of severity grades across grading systems. Physicians and nurses conducted a retrospective review of photographs of skin reactions of patients with a diagnosis of breast cancer who received cancer therapy. Rater participants rated the condition(s) seen in each photograph on a scale of Grade 0 to Grade 5. This inter-rater reliability study used quantitative methods to estimate initer-rater agreement and inter-rater reliability of severity grades by comparing …

Hopeful Measures: Characteristics Of Hope At A Community College, Thomas C. Priester

Education Doctoral

Snyder’s Hope Theory defines the construct of hope as the “sum of perceived capabilities to produce routes to desired goals, along with the perceived motivation to use those routes” (Snyder, 2000, p. 8). Hope is a tenant of positive psychology that can be used to measure personal as well as academic potential (Seligman, 2002). In fact, Lopez (2009) claims that “hope predicts GPA and retention in college, and hope scores are more robust than high school GPA, SAT, and ACT scores.” Researchers have measured the relationship between hope and academic performance in college students at four-year, baccalaureate degree granting institutions …

Accessing Justice Ii: A Model For Providing Counsel To New York Immigrants In Removal Proceedings, Stacy Caplow, Peter L. Markowitz, Claudia Slovinsky, Jojo Annobil, Peter Cobb, Amy L. Kenepaske, Nancy Morawetz, Lindsay Nash, Raluca Oncioiu, Oren Root, Maribel Hernández Rivera, Jane Stern, Isaac Wheeler, Marianne Yang

Online Publications

The New York Immigrant Representation Study (“NYIR Study”) is a two-year project of the Study Group on Immigrant Representation to analyze and ameliorate the immigrant representation crisis—the acute shortage of qualified attorneys willing and able to represent indigent immigrants facing deportation. The crisis has reached epic proportions in New York and shows no signs of abating.

In its year-one report (issued in the fall of 2011), the NYIR Study analyzed the empirical evidence regarding the nature and scope of the immigrant representation crisis. In that report, we documented how many New Yorkers—27 percent of those not detained and 60 percent …

Revitalisasi Sumber Daya Manusia Polri Untuk Sinergitas Kinerja Dalam Integrated Criminal Justice System, Dian Agung Wicaksono

Makara Human Behavior Studies in Asia

human resources, integrated criminal justice system, police education

Peran Mediasi Persepsi Kohesi Sosial Dalam Hubungan Prediktif Persepsi Pemanfaatan Ruang Terbuka Publik Terhadap Kesehatan Jiwa, Afifatun Nisa, Juneman Juneman

Makara Human Behavior Studies in Asia

Various phenomena involving university students such as suicide and gang fights indicate that students mental health conditions of need to be worried about. Some studies had linked the public space utilization with social interaction facilitation and social cohesion, as well as social cohesion with mental health. The original contribution of this research is that it employed perceived social cohesion as the mediating variable of the predictive relationship between public open space utilization with mental health. The design of this research is non-experimental, predictive correlational. As many as 375 university students in Jakarta participated in this research (Mage = 20.8 years …

Peran Mediasi Persepsi Kohesi Sosial Dalam Hubungan Prediktif Persepsi Pemanfaatan Ruang Terbuka Publik Terhadap Kesehatan Jiwa, Afifatun Nisa, Juneman Juneman

Makara Human Behavior Studies in Asia

Various phenomena involving university students such as suicide and gang fights indicate that students mental health conditions of need to be worried about. Some studies had linked the public space utilization with social interaction facilitation and social cohesion, as well as social cohesion with mental health. The original contribution of this research is that it employed perceived social cohesion as the mediating variable of the predictive relationship between public open space utilization with mental health. The design of this research is non-experimental, predictive correlational. As many as 375 university students in Jakarta participated in this research (Mage = 20.8 years …

The Expressive Cost Of Corporate Immunity, Gregory M. Gilchrist

UC Law Journal

Is it possible to justify imposing criminal liability on corporations? Two basic aspects of criminal law have no application to corporations: Corporations cannot be jailed and they cannot form mental states. Moreover, there is reason to think that much of the deterrent effect generated by corporate criminal liability could be generated more efficiently by civil liability. Still, the demand for criminal prosecution of corporations remains high. This Article seeks to understand why we have corporate criminal liability, and it concludes that expressivism is necessary to justify the practice. Expressivism justifies punishment by reference to the benefits of a statement of …

Wrong About The Right: How Courts Undermine The Fair Cross-Section Guarantee By Confusing It With Equal Protection, Nina W. Chernoff

UC Law Journal

This Article exposes a surprising doctrinal distortion that has unfolded since the Supreme Court first established the Sixth Amendment standard for the right to a jury selected from a fair cross-section of the community. A significant number of courts are erroneously applying the test for a violation of the Fourteenth Amendment’s equal protection guarantee to Sixth Amendment claims. As a result, criminal defendants are being deprived of the unique Sixth Amendment fair cross-section right, which encompasses more than just protection from discrimination. Under the Sixth Amendment, a defendant need not allege that any state actor discriminated in the jury selection …

Wrong About The Right: How Courts Undermine The Fair Cross-Section Guarantee By Confusing It With Equal Protection, Nina W. Chernoff

UC Law Journal

This Article exposes a surprising doctrinal distortion that has unfolded since the Supreme Court first established the Sixth Amendment standard for the right to a jury selected from a fair cross-section of the community. A significant number of courts are erroneously applying the test for a violation of the Fourteenth Amendment’s equal protection guarantee to Sixth Amendment claims. As a result, criminal defendants are being deprived of the unique Sixth Amendment fair cross-section right, which encompasses more than just protection from discrimination. Under the Sixth Amendment, a defendant need not allege that any state actor discriminated in the jury selection …

The Expressive Cost Of Corporate Immunity, Gregory M. Gilchrist

UC Law Journal

Is it possible to justify imposing criminal liability on corporations? Two basic aspects of criminal law have no application to corporations: Corporations cannot be jailed and they cannot form mental states. Moreover, there is reason to think that much of the deterrent effect generated by corporate criminal liability could be generated more efficiently by civil liability. Still, the demand for criminal prosecution of corporations remains high. This Article seeks to understand why we have corporate criminal liability, and it concludes that expressivism is necessary to justify the practice. Expressivism justifies punishment by reference to the benefits of a statement of …

Assessing Risk Of Violence In Caucasian And African-American Male Forensic Patients, Brandy Lynn Herriott

All-Inclusive List of Electronic Theses and Dissertations

No abstract provided.

Are The Mara Salvatrucha And 18th Street Gangs A Threat To Our National Security, José A. Ortiz

All-Inclusive List of Electronic Theses and Dissertations

No abstract provided.

A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf

Pepperdine Law Review

No abstract provided.

The Offender And The Victim, Edward Tromanhauser

Pepperdine Law Review

No abstract provided.

Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter

Pepperdine Law Review

No abstract provided.

Emerging Issues In Victim Assistance, Marlene A. Young

Pepperdine Law Review

No abstract provided.

Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland

Pepperdine Law Review

No abstract provided.